RENATO L. CAYETANO, petitioner, vs. CHRISTIAN MONSOD, HON. JOVITO R.

SALONGA,
COMMISSION ON APPOINTMENTS, and HON. GUILLERMO CARAGUE, in his capacity as
Secretary of Budget and Management, respondents.
Constitutional Law; Qualifications of COMELEC Chairman; Practice of law defined.Practice
of law means any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience. To engage in the practice of law is to perform
those acts which are characteristics of the profession. Generally, to practice law is to give notice
or render any kind of service, which device or service requires the use in any degree of legal
knowledge or skill. (111 ALR 23) Interpreted in the light of the various definitions of the term
practice of law, particularly the modern concept of law practice, and taking into consideration
the liberal construc-tion intended by the framers of the Constitution, Atty. Monsods past work
experiences as a lawyer-economist, a lawyer-manager, a lawyerentrepreneur of industry, a
lawyer-negotiator of contracts, and a lawyer-legislator of both the rich and the poorverily more
than satisfy the constitutional requirementthat he has been engaged in the practice of law for
at least ten years.
Same; Same; Judicial review of judgments rendered by the Commission on Appointments.
The Commission on the basis of evidence submitted during the public hearings on Monsods
confirmation, implicitly determined that he possessed the necessary qualifications as required
by law. The judgment rendered by the Commission in the exercise of such an acknowledged
power is beyond judicial interference except only upon a clear showing of a grave abuse of
discretion amounting to lack or excess of jurisdiction. (Art. VIII, Sec. 1 Constitution). Thus, only
where such grave abuse of discretion is clearly shown shall the Court interfere with the
Commissions judgment. In the instant case, there is no occasion for the exercise of the Courts
corrective power, since no abuse, much less a grave abuse of discretion, that would amount to
lack or excess of jurisdiction and would warrant the issuance of the writs prayed, for has been
clearly shown. Cayetano vs. Monsod, 201 SCRA 210, G.R. No. 100113 September 3, 1991

PARAS, J.:
We are faced here with a controversy of far-reaching proportions. While ostensibly only legal
issues are involved, the Courts decision in this case would indubitably have a profound effect
on the political aspect of our national existence.
The 1987 Constitution provides in Section 1 (1), Article IX-C:
There shall be a Commission on Elections composed of a Chairman and six Commissioners
who shall be natural-born citizens of the Philippines and, at the time of their appointment, at
least thirty-five years of age, holders of a college degree, and must not have been candidates
for any elective position in the immediately preceding elections. However, a majority thereof,
including the Chairman, shall be members of the Philippine Bar who have been engaged in the
practice of law for at least ten years. (Italics supplied)
The aforequoted provision is patterned after Section 1(1), Article XII-C of the 1973 Constitution
which similarly provides:
There shall be an independent Commission on Elections composed of a Chairman and eight
Commissioners who shall be naturalborn citizens of the Philippines and, at the time of their

appointment, at least thirty-five years of age and holders of a college degree. However, a
majority thereof, including the Chairman, shall be mem-bers of the Philippine Bar who have
been engaged in the practice of law for at least ten years. (Italics supplied)
Regrettably, however, there seems to be no jurisprudence as to what constitutes practice of law
as a legal qualification to an appointive office.
Black defines practice of law as:
The rendition of services requiring the knowledge and the application of legal principles and
technique to serve the interest of another with his consent. It is not limited to appearing in court,
or advising and assisting in the conduct of litigation, but embraces the preparation of pleadings,
and other papers incident to actions and special proceedings, conveyancing, the preparation of
legal instruments of all kinds, and the giving of all legal advice to clients. It embraces all advice
to clients and all actions taken for them in matters connected with the law. An attorney engages
in the practice of law by maintaining an office where he is held out to be an attorney, using a
letterhead describing himself as an attorney, counseling clients in legal matters. negotiating with
opposing counsel about pending litigation, and fixing and collecting fees for services rendered
by his associate. (Blacks Law Dictionary, 3rd ed.)
The practice of law is not limited to the conduct of cases in court (Land Title Abstract and Trust
Co. v. Dworken, 129 Ohio St. 23, 193 N.E. 650) A person is also considered to be in the practice
of law when he:
x x x for valuable consideration engages in the business of advising person, firms, associations
or corporations as to their rights under the law, or appears in a representative capacity as an
advocate in proceedings pending or prospective, before any court, commissioner, referee,
board, body, committee, or commission constituted by law or authorized to settle controversies
and there, in such representative capacity performs any act or acts for the purpose of obtaining
or defending the rights of their clients under the law. Otherwise stated, one who, in a
representative capacity, engages in the business of advising clients as to their rights under the
law, or while so engaged performs any act or acts either in court or outside of court for that
purpose, is engaged in the practice of law. (State ex. rel. Mckittrick v, C.S. Dudley and Co., 102
S.W. 2d 895, 340 Mo. 852)
This Court in the case of Philippine Lawyers Association v. Agrava, (105 Phil. 173, 176177)
stated:
The practice of law is not limited to the conduct of cases or litigation in court; it embraces the
preparation of pleadings and other papers incident to actions and special proceedings, the
management of such actions and proceedings on behalf of clients before judges and courts,
and in addition, conveying. In general, all advice to clients, and all action taken for them in
matters connected with the law incorporation services, assessment and condemnation services
contemplating an appearance before a judicial body, the foreclosure of a mortgage,
enforcement of a creditors claim in bankruptcy and insolvency proceedings, and conducting
proceedings in attachment, and in matters of estate and guardianship have been held to
constitute law practice, as do the preparation and drafting of legal instruments, where the work
done involves the determination by the trained legal mind of the legal effect of facts and
conditions. (5 Am. Jr. p. 262, 263). (Italics supplied)

Practice of law under modern conditions consists in no small part of work performed outside of
any court and having no immediate relation to proceedings in court. It embraces conveyancing,
the giving of legal advice on a large variety of subjects, and the preparation and execution of
legal instruments covering an extensive field of business and trust relations and other affairs.
Although these transactions may have no direct connection with court proceedings, they are
always subject to become involved in litigation. They require in many aspects a high degree of
legal skill, a wide experience with men and affairs, and great capacity for adaptation to difficult
and complex situations. These customary functions of an attorney or counselor at law bear an
intimate relation to the administration of justice by the courts. No valid distinction, so far as
concerns the question set forth in the order, can be drawn between that part of the work of the
lawyer which involves appearance in court and that part which involves advice and drafting of
instruments in his office. It is of importance to the welfare of the public that these manifold
customary functions be performed by persons possessed of adequate learning and skill, of
sound moral character; and acting at all times under the heavy trust obligations to clients which
rests upon all attorneys. (Moran, Comments on the Rules of Court, Vol. 3 [1953 ed.], p. 665
666, citing In re Opinion of the Justices [Mass.], 194 N.E. 313, quoted in Rhode Is. Bar Assoc. v.
Automobile Service Assoc. [R.I.] 179 A. 139, 144). (Italics ours)
The University of the Philippines Law Center in conducting orientation briefing for new lawyers
(19741975) listed the dimensions of the practice of law in even broader terms as advocacy,
counselling and public service.
One may be a practicing attorney in following any line of employment in the profession. If what
he does exacts knowledge of the law and is of a kind usual for attorneys engaging in the active
practice of their profession, and he follows some one or more lines of employment such as this
he is a practicing attorney at law within the meaning of the statute. (Barr v. Cardell, 155 NW
312)
Practice of law means any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience. To engage in the practice of law is to perfom
those acts which are characteristics of the profession. Generally, to practice law is to give notice
or render any kind of service, which device or service requires the use in any degree of legal
knowledge or skill. (111 ALR 23)
The following records of the 1986 Constitutional Commission show that it has adopted a liberal
interpretation of the term practice of law.
MR. FOZ. Before we suspend the session, may I make a manifestation which I forgot to do
during our review of the provisions on the Commission on Audit. May I be allowed to make a
very brief statement? , -. . ..
THE PRESIDING OFFICER (Mr. Jamir).
The Commissioner will please proceed.
MR. FOZ. This has to do with the qualifications of the members of the Commission on Audit
Among others, the qualifications provided for by Section 1 is that They must be Members of the
Philippine BarI am quoting from the provision'who have been engaged in the practice of law
for at least ten years/

To avoid any misunderstanding which would result in excluding members of the Bar who are
now employed in the COA or Commission on Audit, we would like to make the clarification that
this provision on qualifications regarding members of the Bar does not necessarily refer or
involve actual practice of law outside the COA We have to interpret this to mean that as long as
the lawyers who are employed in the COA are using their legal knowledge or legal talent in their
respective work within COA, then they are qualified to be considered for appointment as
members or commissioners, even chairman, of the Commission on Audit.
This has been discussed by the Committee on Constitutional Commissions and Agencies and
we deem it important to take it up on the floor so that this interpretation may be made available
whenever this provision on the qualifications as regards members of the Philippine Bar
engaging in the practice of law for at least ten years is taken up.
MR. OPLE. Will Commissioner Foz yield to just one question.
MR. FOZ. Yes, Mr. Presiding Officer.
MR. OPLE. Is he, in effect, saying that service in the COA by a lawyer is equivalent to the
requirement of a law practice that is set forth in the Article on the Commission on Audit?
MR. FOZ. We must consider the fact that the work of COA, although it is auditing, will
necessarily involve legal work; it will involve legal work. And, therefore, lawyers who are
employed in COA now would have the necessary qualifications in accordance with the provision
on qualifications under our provisions on the Commission on Audit. And, therefore. the answer is
yes,
MR. OPLE. Yes. So that the construction given to this is that this is equivalent to the practice of
law.
MR. FOZ. Yes, Mr. Presiding Officer.
MR. OPLE. Thank you.
x x (Italics supplied)
Section 1(1), Article IX-D of the 1987 Constitution, provides, among others, that the Chairman
and two Commissioners of the Commission on Audit (COA) should either be certified public
accountants with not less than ten years of auditing practice, or members of the Philippine Bar
who have been engaged in the practice of law for at least ten years. (italics supplied)
Corollary to this is the term private practitioner'' and which is in many ways synonymous with
the word lawyer. Today, although many lawyers do not engage in private practice, it is still a
fact that the majority of lawyers are private practitioners. (Gary Munneke, Opportunities in Law
Careers [VGM Career Horizons: Illinois), 1986], p. 15]).
At this point, it might be helpful to define private practice. The term, as commonly understood,
means an individual or organization engaged in the business of delivering legal services.
(Ibid.). Lawyers who practice alone are often called sole practitioners. Groups of lawyers are
called firms. The firm is usually a partnership and members of the firm are the partners, Some
firms may be organized as professional corporations and the members called shareholders. In
either case, the members of the firm are the experienced attorneys. In most firms, there are
younger or more inexperienced salaried attorneys called associates. (Ibid.).

The test that defines law practice by looking to traditional areas of law practice is essentially
tautologous, unhelpful defining the practice of law as that which lawyers do. (Charles W.
Wolfram, Modern Legal Ethics [West Publishing Co.: Minnesota, 1986], p. 593). The practice of
law is defined as the performance of any acts . .. . in or out of court, commonly understood to
be the practice of law. (State Bar Assn v. Connecticut Bank & Trust Co., 145 Conn. 222, 140
A.2d 863, 870 [1958] [quoting Grievance Comm. v. Payne, 128 Conn. 325, 22 A.2d 623, 626
[1941]). Because lawyers perform almost every function known in the commercial and
governmental realm, such a definition would obviously be too global to be workable. (Wolfram,
op. cit).
The appearance of a lawyer in litigation in behalf of a client is at once the most publicly familiar
role for lawyers as well as an uncommon role for the average lawyer. Most lawyers spend little
time in courtrooms, and a large percentage spend their entire practice without litigating a case.
(Ibid., p. 593). Nonetheless, many lawyers do continue to litigate and the litigating lawyers role
colors much of both the public image and the selfperception of the legal profession. (Ibid.).
In this regard thus, the dominance of litigation in the public mind reflects history, not reality.
(Ibid.). Why is this so? Recall that the late Alexander SyCip, a corporate lawyer, once articulated
on the importance of a lawyer as a business counselor in this wise: Even today, there are still
uninformed laymen whose concept of an attorney is one who principally tries cases before the
courts. The members of the bench and bar and the informed laymen such as businessmen,
know that in most developed societies today, substantially more legal work is transacted in law
offices than in the courtrooms. General practitioners of law who do both litigation and nonlitigation work also know that in most cases they find themselves spending more time doing
what [is] loosely describe[d] as business counseling: than in trying cases. The business lawyer
has been described as the planner, the diagnostician and the trial lawyer, the surgeon. I[t] need
not [be] stress[ed] that in law, as in medicine, surgery should be avoided where internal
medicine can be effective. (Business Star, Corporate Finance Law/' Jan. 11,1989, p. 4).
In the course of a working day the average general practitioner will engage in a number of legal
tasks, each involving different legal doctrines, legal skills, legal processes, legal institutions,
clients, and other interested parties. Even the increasing numbers of lawyers in specialized
practice will usually perform at least some legal services outside their specialty. And even within
a narrow specialty such as tax practice, a lawyer will shift from one legal task or role such as
advice-giving to an importantly different one such as representing a client before an
administrative agency. (Wolfram, supra, p 687).
By no means will most of this work involve litigation, unless the lawyer is one of the relatively
rare typesa litigator who specializes in this work to the exclusion of much else. Instead, the
work will require the lawyer to have mastered the full range of traditional lawyer skills of client
counselling, advice-giving, document drafting, and negotiation. And increasingly lawyers find
that the new skills of evaluation and mediation are both effective for many clients and a source
of employment. (Ibid.).
Most lawyers will engage in non-litigation legal work or in litigation work that is constrained in
very important ways, at least theoretically, so as to remove from it some of the salient features
of adversarial litigation. Of these special roles, the most prominent is that of prosecutor. In some
lawyers work the constraints are imposed both by the nature of the client and by the way in

which the lawyer is organized into a social unit to perform that work. The most common of these
roles are those of corporate practice and government legal service. (Ibid.).
In several issues of the Business Star, a business daily, hereinbelow quoted are emerging
trends in corporate law practice, a departure from the traditional concept of practice of law.
We are experiencing today what truly may be called a revolutionary transformation in corporate
law practice. Lawyers and other professional groups, in particular those members participating
in various legal-policy decisional contexts, are finding that understanding the major emerging
trends in corporation law is indispensable to intelligent decision-making.
Constructive adjustment to major corporate problems of today requires an accurate
understanding of the nature and implications of the corporate law research function
accompanied by an accelerating rate of information accumulation. The recognition of the need
for such improved corporate legal policy formulation, particularly modelmaking and
contingency planning, has impressed upon us the inadequacy of traditional procedures in
many decisional contexts.
In a complex legal problem the mass of information to be processed, the sorting and weighing of
significant conditional factors, the appraisal of major trends, the necessity of estimating the
consequences of given courses of action, and the need for fast decision and response in
situations of acute danger have prompted the use of sophisticated concepts of information flow
theory, operational analysis, automatic data processing, and electronic computing equipment.
Understandably, an improved decisional structure must stress the predictive component of the
policy-making process, wherein a model, of the decisional context or a segment thereof is
developed to test projected alternative courses of action in terms of futuristic effects flowing
therefrom.
Although members of the legal profession are regularly engaged in predicting and projecting the
trends of the law, the subject of corporate finance law has received relatively little organized and
formalized attention in the philosophy of advancing corporate legal education. Nonetheless, a
cross-disciplinary approach to legal research has become a vital necessity.
Certainly, the general orientation for productive contributions by those trained primarily in the
law can be improved through an early introduction to multi-variable decisional contexts and the
various approaches for handling such problems. Lawyers, particularly with either a masters or
doctorate degree in business administration or management, functioning at the legal policy level
of decision-making now have some appreciation for the concepts and analytical techniques of
other professions which are currently engaged in similar types of complex decision-making.
Truth to tell, many situations involving corporate finance problems would require the services of
an astute attorney because of the complex legal implications that arise from each and every
necessary step in securing and maintaining the business issue raised. (Business Star,
Corporate Finance Law, Jan. 11,1989, p. 4).
In our litigation-prone country, a corporate lawyer is assiduously referred to as the abogado de
campanilla. He is the big-time lawyer, earning big money and with a clientele composed of the
tycoons and magnates of business and industry.
Despite the growing number of corporate lawyers, many people could not explain what it is that
a corporate lawyer does. For one, the number of attorneys employed by a single corporation will

vary with the size and type of the corporation. Many smaller and some large corporations farm
out all their legal problems to private law firms, Many others have in-house counsel only for
certain matters. Other corporation have a staff large enough to handle most legal problems inhouse.
A corporate lawyer, for all intents and purposes, is a lawyer who handles the legal affairs of a
corporation. His areas of concern or jurisdiction may include, inter alia: corporate legal research,
tax laws research, acting out as corporate secretary (in board meetings), appearances in both
courts and other adjudicatory agencies (including the Securities and Exchange Commission).
and in other capacities which require an ability to deal with the law.
At any rate, a corporate lawyer may assume responsibilities other than the legal affairs of the
business of the corporation he is representing. These include such matters as determining
policy and becoming involved in management. (Italics supplied.)
In a big company, for example, one may have a feeling of being isolated from the action, or not
understanding how ones work actually fits into the work of the organization. This can be
frustrating to someone who needs to see the results of his work first hand. In short, a corporate
lawyer is sometimes offered this fortune to be more closely involved in the running of the
business.
Moreover, a corporate lawyers services may sometimes be engaged by a multinational
corporation (MNC). Some large MNCs provide one of the few opportunities available to
corporate lawyers to enter the international law field. After all, international law is practiced in a
relatively small number of companies and law firms. Because working in a foreign country is
perceived by many as glamorous, this is an area coveted by corporate lawyers. In most cases,
however, the overseas jobs go to experienced attorneys while the younger attorneys do their
international practice in law libraries. (Business Star, Corporate Law Practice, May 25, 1990,
p. 4).
This brings us to the inevitable, i.e., the role of the lawyer in the realm of finance. To borrow the
lines of Harvard-educated lawyer Bruce Wassertein, to wit: A bad lawyer is one who fails to
spot problems, a good lawyer is one who perceives the difficulties, and the excellent lawyer is
one who surmounts them. (Business Star, Corporate Finance Law, Jan. 11,1989, p. 4).
Today, the study of corporate law practice direly needs a shot in the arm, so to speak. No
longer are we talking of the traditional law teaching method of confining the subject study to the
Corporation Code and the Securities Code but an incursion as well into the intertwining modern
management issues.
Such corporate legal management issues deal primarily with three (3) types of learning: (1)
acquisition of insights into current advances which are of particular significance to the corporate
counsel; (2) an introduction to usable disciplinary skills applicable to a corporate counsels
management responsibilities; and (3) a devotion to the organization and management of the
legal function itself.
These three subject areas may be thought of as intersecting circles, with a shared area linking
them. Otherwise known as intersecting managerial jurisprudence, it forms a unifying theme for
the corporate counsels total learning.

Some current advances in behavior and policy sciences affect the counsels role. For that
matter, the corporate lawyer reviews the globalization process, including the resulting strategic
repositioning that the firms he provides counsel for are required to make, and the need to think
about a corporations strategy at multiple levels. The salience of the nation-state is being
reduced as firms deal both with global multinational entities and simultaneously with subnational governmental units. Firms increasingly collaborate not only with public entities but with
each otheroften with those who are competitors in other arenas.
Also, the nature of the lawyers participation in decision-making within the corporation is rapidly
changing. The modern corporate lawyer has gained anew role as a stakeholderin some cases
participating in the organization and operations of governance through participation on boards
and other decision-making roles. Often these new patterns develop alongside existing legal
institutions and laws are perceived as barriers. These trends are complicated as corporations
organize for global operations. (Italics supplied)
The practising lawyer of today is with governmental policies toward the promotion and
management of technology. New collaborative arrangements for promoting specific
technologies or competitiveness more generally require approaches from industry that differ
from older, more adversarial relationships and traditional forms of seeking to influence
governmental policies. And there are lessons to be learned from other countries. In Europe,
Esprit, Eureka and Race are examples of collaborative efforts between governmental and
business Japans MITI is world famous. (Italics supplied)
Following the concept of boundary spanning, the office of the Corporate Counsel comprises a
distinct group within the managerial structure of all kinds of organizations. Effectiveness of both
long-term and temporary groups within organizations has been found to be related to
indentifiable factors in the group-context interaction such as the groups actively revising their
knowledge of the environment, coordinating work with outsiders. promoting team achievements
within the organization. In general, such external activities are better predictors of team
performance than internal group processes,
In a crisis situation, the legal managerial capabilities of the corporate lawyer vis-a-vis the
managerial mettle of corporations are challenged. Current research is seeking ways both to
anticipate effective managerial procedures and to understand relationships of financial liability
and insurance considerations, (Italics supplied)
Regarding the skills to apply by the corporate counsel, three factors are apropos:
First System Dynamics, The field of systems dynamics has been found an effective tool for new
managerial thinking regarding both planning and pressing immediate problems. An
understanding of the role of feedback loops, inventory levels, and rates of flow, enable users to
simulate all sorts of systematic problemsphysical, economic, managerial, social, and
psychological. New programming techniques now make the systems dynamics principles more
accessible to managersincluding corporate counsels. (Italics supplied)
Second Decision Analysis. This enables users to make better decisions involving complexity
and uncertainty. In the context of a law department, it can be used to appraise the settlement
value of litigation, aid in negotiation settlement, and minimize the cost and risk involved in
managing a portfolio of cases, (Italics supplied)

Third Modeling for Negotiation Management Computer-based models can be used directly by
parties and mediators in all kinds of negotiations. All integrated set of such tools provide
coherent and effective negotiation support, including hands-on on instruction in these
techniques. A simulation case of an international joint venture may be used to illustrate the
point.
[Be this as it may,] the organization and management of the legal function, concern three
pointed areas of consideration, thus:
Preventive Lawyering. Planning by lawyers requires special skills that comprise a major part of
the general counsels responsibilities. They differ from those of remedial law. Preventive
lawyering is concerned with minimizing the risks of legal trouble and maximizing legal rights for
such legal entities at that time when transactional or similar facts are being considered and
made.
Managerial Jurisprudence. This is the framework within which are undertaken those activities of
the firm to which legal consequences attach. It needs to be directly supportive of this nations
evolving economic and organizational fabric as firms change to stay competitive in a global,
interdependent environment. The practice and theory of law is not adequate today to facilitate
the relationships needed in trying to make a global economy work.
Organization and Functioning of the Corporate Counsels Office. The general counsel has
emerged in the last decade as one of the most vibrant subsets of the legal profession. The
corporate counsel hear responsibility for key aspects of the firms strategic issues, including
structuring its global operations, managing improved relationships with an increasingly
diversified body of employees, managing expanded liability exposure, creating new and varied
interactions with public decision-makers, coping internally with more complex make or by
decisions.
This whole exercise drives home the thesis that knowing corporate law is not enough to make
one a good general corporate counsel nor to give him a full sense of how the legal system
shapes corporate activities. And even if the corporate lawyers aim is not the understand all of
the laws effects on corporate activities, he must, at the very least, also gain a working
knowledge of the management issues if only to be able to grasp not only the basic legal
constitution or makeup of the modern corporation. Business Star, The Corporate Counsel,
April 10, 1991, p. 4).
The challenge for lawyers (both of the bar and the bench) is to have more than a passing
knowledge of financial law affecting each aspect of their work, Yet, many would admit to
ignorance of vast tracts of the financial law territory. What transpires next is a dilemma of
professional security: Will the lawyer admit ignorance and risk opprobrium?; or will he feign
understanding and risk exposure? (Business Star, Corporate Finance law, Jan. 11, 1989, p. 4).
Respondent Christian Monsod was nominated by President Corazon C. Aquino to the position
of Chairman of the COMELEC in a letter received by the Secretariat of the Commission on
Appointments on April 25, 1991. Petitioner opposed the nomination because allegedly Monsod
does not possess the required qualification of having been engaged in the practice of law for at
least ten years.

On June 5, 1901,' the Commission on Appointments confirmed the nomination of Monsod as

Chairman of the COMELEC. On June 18,1991, he took his oath of office. On the same day, he
assumed office as Chairman of the COMELEC.
Challenging the validity of the confirmation by the Commission on Appointments of Monsods
nomination, petitioner as a citizen and taxpayer, filed the instant petition for Certiorari and
Prohibition praying that said confirmation and the consequent appointment of Monsod as
Chairman of the Commission on Elections be declared null and void.
Atty. Christian Monsod is a member of the Philippine Bar, having passed the bar examinations
of 1960 with a grade of 86.55%. He has been a dues paying member of the Integrated Bar of
the Philippines since its inception in 197273. He has also been paying his professional license
fees as lawyer for more than ten years. (p. 124, Rollo)
After graduating from the College of Law (U.P.) and having hurdled the bar, Atty. Monsod
worked in the law office of his father. During his stint in the World Bank Group (19631970),
Monsod worked as an operations officer for about two years in Costa Rica and Panama, which
involved getting acquainted with the laws of member-countries, negotiating loans and
coordinating legal, economic, and project work of the Bank. Upon returning to the Philippines in
1970, he worked with the Meralco Group, served as chief executive officer of an investment
bank and subsequently of a business conglomerate, and since 1986, has rendered services to
various companies as a legal and economic consultant or chief executive officer. As former
Secretary-General (1986) and National Chairman (1987) of NAMFREL. Monsods work involved
being knowledgeable In election law. He appeared for NAMFREL in its accreditation hearings
before the Comelec. In the field of advocacy, Monsod, in his personal capacity and as former
Co-Chairman of the Bishops Businessmens Conference for Human Development, has worked
with the under privileged sectors, such as the farmer and urban poor groups, in initiating,
lobbying for and engaging in affirmative action for the agrarian reform law and lately the urban
land reform bill. Monsod also made use of his legal knowledge as a member of the Davide
Commission, a quasijudicial body, which conducted numerous hearings (1990) and as a
member of the Constitutional Commission (19861987), and Chairman of its Committee on
Accountability of Public Officers, for which he was cited by the President of the Commission,
Justice Cecilia Muoz-Palma for innumerable amendments to reconcile government functions
with individual freedoms and public accountability and the party-list system for the House of
Representative. (pp. 128129 Rollo) (Italics supplied)
Just a word about the work of a negotiating team of which Atty. Monsod used to be a member,
In a loan agreement, for instance, a negotiating panel acts as a team, and which is adequately
constituted to meet the various contingencies that arise during a negotiation. Besides top
officials of the Borrower concerned, there are the legal officer (such as the legal counsel), the
finance manager, and an operations officer (such as an official involved in negotiating the
contracts) who comprise the members of the team. (Guillermo V. Soliven, Loan Negotiating
Strategies for Developing Country Borrowers, Staff Paper No. 2, Central Bank of the
Philippines, Manila, 1982, p. 11). (Italics supplied)
After a fashion, the loan agreement is like a countrys Constitution; it lays down the law as far as
the loan transaction is concerned. Thus, the meat of any Loan Agreement can be
compartmentalized into five (5) fundamental parts: (1) business terms; (2) borrowers
representation; (3) conditions of closing; (4) covenants; and (5) events of default. (Ibid., p. 13),

In the same vein, lawyers play an important role in any debt restructuring program. For aside
from performing the tasks of legislative drafting and legal advising, they score national
development policies as key factors in maintaining their countries sovereignty. (Condensed
from the work paper, entitled Wanted; Development Lawyers for Developing Nations,
submitted by L. Michael Hager, regional legal adviser of the United States Agency for
International Development, during the Session on Law for the Development of Nations at the
Abidjan World Conference in Ivory Coast, sponsored by the World Peace Through Law Center
on August 2631 , 1973). 1973). (Italics supplied)
Loan concessions and compromises, perhaps even more so than purely renegotiation policies,
demand expertise in the law of contracts, in legislation and agreement drafting and in
renegotiation. Necessarily, a sovereign lawyer may work with an international business
specialist or an economist in the formulation of a model loan agreement. Debt restructuring
contract agreements contain such a mixture of technical language that they should be carefully
drafted and signed only with the advise of competent counsel in conjunction with the guidance
of adequate technical support personnel. (See International Law Aspects of the Philippine
External Debts, an unpublished dissertation, U.S.T. Graduate School of Law, 1987, p. 321).
(Italics supplied)
A critical aspect of sovereign debt restructuring/contract construction is the set of terms and
conditions which determines the contractual remedies for a failure to perform one or more
elements of the contract. A good agreement must not only define the responsibilities of both
parties, but must also state the recourse open to either party when the other fails to discharge
an obligation. For a compleat debt restructuring represents a devotion to that principle which in
the ultimate analysis is sine qua non for foreign loan agreementsan adherence to the rule of
law in domestic and international affairs of whose kind U.S. Supreme Court Justice Oliver
Wendell Holmes, Jr. once said: They carry no banners, they beat no drums; but where they
are, men learn that bustle and bush are not the equal of quiet genius and serene mastery. (See
Ricardo J. Romulo, The Role of Lawyers in Foreign Investments, Integrated Bar of the
Philippine Journal, Vol. 15, Nos. 3 and 4, Third
Interpreted in the light of the various definitions of the term practice of law, particularly the
modern concept of law practice, and taking into consideration the liberal construction intended
by the framers of the Constitution, Atty. Monsods past work experiences as a lawyer-economist,
a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a
Iawyer-legislator of both the rich and the poorverily more than satisfy the constitutional
requirementthat he has been engaged in the practice of law for at least ten years.
Besides in the leading case of Luego v. Civil Service Commission, 143 SCRA 327, the Court
said:
Appointment is an essentially discretionary power and must be performed by the officer in
which it is vested according to his best lights, the only condition being that the appointee should
possess the qualifications required by law. If he does, then the appointment cannot be faulted
on the ground that there are others better qualified who should have been preferred. This is a
political question involving considerations of wisdom which only the appointing authority can
decide."(emphasis supplied)
No less emphatic was the Court in the case of Central Bank v. Civil Service Commission, 171
SCRA 744) where it stated:

It is well-settled that when the appointee is qualified, as in this case, and all the other legal
requirements are satisfied, the Commission has no alternative but to attest to the appointment in
accordance with the Civil Service Law. The Commission has no authority to revoke an
appointment on the ground that another person is more qualified for a particular position. It also
has no authority to direct the appointment of a substitute of its choice. To do so would be an
encroachment on the discretion vested upon the appointing authority. An appointment is
essentially within the discretionary power of whomsoever it is vested, subject to the only
condition that the appointee should possess the qualifications required by law. (Italics supplied)
The appointing process in a regular appointment as in the case at bar, consists of four (4)
stages: (1) nomination; (2) confirmation by the Commission on Appointments; (3) issuance of a
commission (in the Philippines, upon submission by the Commission on Appointments of its
certificate of confirmation, the President issues the permanent appointment; and (4) acceptance
e.g., oath-taking, posting of bond, etc. . . . (Lacson v. Romero, No. L-3081, October 14,1949;
Gonzales, Law on Public Officers, p. 200)
The power of the Commission on Appointments to give its consent to the nomination of Monsod
as Chairman of the Commission on Elections is mandated by Section 1(2) Sub-Article C, Article
IX of the Constitution which provides:
The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. Of those
first appointed, three Members shall hold office for seven years, two Members for five years,
and the last Members for three years, without reappointment, Appointment to any vacancy shall
be only for the unexpired term of the predecessor. In no case shall any Member be appointed or
designated in a temporary or acting capacity.
Anent Justice Teodoro Padillas separate opinion, suffice it to say that his definition of the
practice of law is the traditional or stereotyped notion of law practice, as distinguished from the
modern concept of the practice of law, which modern connotation is exactly what was intended
by the eminent framers of the 1987 Constitution. Moreover, Justice Padillas definition would
require generally a habitual law practice, perhaps practised two or three times a week and
would outlaw say, law practice once or twice a year for ten consecutive years. Clearly, this is far
from the constitutional intent.
Upon the other hand, the separate opinion of Justice Isagani Cruz states that in my written
opinion, I made use of a definition of law practice which really means nothing because the
definition says that law practice " ... is what people ordinar-ily mean by the practice of law. True
I cited the definition but only by way of sarcasm as evident from my statement that the definition
of law practice by traditional areas of law practice is essentially tautologous or defining a
phrase by means of the phrase itself that is being defined.
Justice Cruz goes on to say in substance that since the law covers almost all situations, most
individuals, in making use of the law, or in advising others on what the law means, are actually
practicing law. In that sense, perhaps, but we should not lose sight of the fact that Mr. Monsod is
a lawyer, a member of the Philippine Bar, who has been practising law for over ten years. This is
different from the acts of persons practising law, without first becoming lawyers.
Justice Cruz also says that the Supreme Court can even disqualify an elected President of the
Philippines, say, on the ground that he lacks one or more qualifications. This matter, I greatly

doubt. For one thing, how can an action or petition be brought against the President? And even
assuming that he is indeed disqualified, how can the action be entertained since he is the
incumbent President?
We now proceed:
The Commission on the basis of evidence submitted during the public hearings on Monsods
confirmation, implicitly determined that he possessed the necessary qualifications as required
by law. The judgment rendered by the Commission in the exercise of such an acknowledged
power is beyond judicial interference except only upon a clear showing of a grave abuse of
discretion amounting to lack or excess of jurisdiction. (Art. VIII, Sec. 1 Constitution). Thus, only
where such grave abuse of discretion is clearly shown shall the Court interfere with the
Commissions judgment. In the instant case, there is no occasion for the exercise of the Courts
corrective power, since no abuse, much less a grave abuse of discretion, that would amount to
lack or excess of jurisdiction and would warrant the issuance of the writs prayed, for has been
clearly shown.
Additionally, consider the following;
(1) If the Commission on Appointments rejects a nominee by the President, may the Supreme
Court reverse the Commission, and thus in effect confirm the appointment? Clearly, the answer
is in the negative.
(2) In the same vein, may the Court reject the nominee, whom the Commission has confirmed?
The answer is likewise clear.
(3) If the United States Senate (which is the confirming body in the U.S. Congress) decides to
confirm a Presidential nominee, it would be incredible that the U.S. Supreme Court would still
reverse the U.S. Senate.
Finally, one significant legal maxim is:
We must interpret not by the letter that killeth, but by the spirit that giveth life/'
Take this hypothetical case of Samson and Delilah. Once, the procurator of Judea asked Delilah
(who was Samsons beloved) for help in capturing Samson. Delilah agreed on condition that
No blade shall touch his skin;
No blood shall flow from his veins.
When Samson (his long hair cut by Delilah) was captured, the procurator placed an iron rod
burning white-hot two or three inches away from in front of Samsons eyes. This blinded the
man. Upon hearing of what had happened to her beloved, Delilah was beside herself with
anger, and fuming with righteous fury, accused the procurator of reneging on his word. The
procurator calmly replied: Did any blade touch his skin? Did any blood flow from his veins?
The procurator was clearly relying on the letter, not the spirit of the agreement.
In view of the foregoing, this petition is hereby DISMISSED.
SO ORDERED.
Legal Ethics Practice of Law

In 1991, Christian Monsod was appointed as the Chairman of the Commission on Elections. His
appointment was affirmed by the Commission on Appointments. Monsods appointment was
opposed by Renato Cayetano on the ground that he does not qualify for he failed to meet the
Constitutional requirement which provides that the chairman of the COMELEC should have
been engaged in the practice law for at least ten years.
Monsods track record as a lawyer:

Passed the bar in 1960 with a rating of 86.55%.

Immediately after passing, worked in his fathers law firm for one year.
Thereafter, until 1970, he went abroad where he had a degree in economics and held
various positions in various foreign corporations.
In 1970, he returned to the Philippines and held executive jobs for various local
corporations until 1986.
In 1986, he became a member of the Constitutional Commission.

ISSUE: Whether or not Monsod qualifies as chairman of the COMELEC. What constitutes
practice of law?
HELD: Yes. Atty. Monsods past work experiences as a lawyer-economist, a lawyer-manager, a
lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both
the rich and the poor verily more than satisfy the constitutional requirement that he has
been engaged in the practice of law for at least ten years.
As noted by various authorities, the practice of law is not limited to court appearances. The
members of the bench and bar and the informed laymen such as businessmen, know that in
most developed societies today, substantially more legal work is transacted in law offices than in
the courtrooms. General practitioners of law who do both litigation and non-litigation work also
know that in most cases they find themselves spending more time doing what is loosely
described as business counseling than in trying cases. In the course of a working day the
average general practitioner wig engage in a number of legal tasks, each involving different
legal doctrines, legal skills, legal processes, legal institutions, clients, and other interested
parties. Even the increasing numbers of lawyers in specialized practice wig usually perform at
least some legal services outside their specialty. By no means will most of this work involve
litigation, unless the lawyer is one of the relatively rare types a litigator who specializes in this
work to the exclusion of much else. Instead, the work will require the lawyer to have mastered
the full range of traditional lawyer skills of client counseling, advice-giving, document drafting,
and negotiation.
JUDGE LEAH DOMINGO-REGALA, REGIONAL TRIAL COURT, BRANCH 226, QUEZON
CITY, complainant, vs. MA. DONNA Y. SULTAN, LEGAL RESEARCHER, REGIONAL TRIAL
COURT, BRANCH 226, QUEZON CITY, respondent.
Administrative Law; Judges; Public Officials; The conduct and behavior of everyone connected
with an office charged with the dispensation of justice, from the presiding judge to the lowliest
clerk must always be beyond reproach and must be circumscribed with the heavy burden of
responsibility; Any act which falls short of the exacting standards for public office, especially on
the part of those expected to preserve the image of the judiciary shall not be countenanced.
As enunciated by the Court in several cases, no other office in the government service exacts a
greater demand for moral righteousness and uprightness from an employee than the judiciary.

The conduct and behavior of everyone connected with an office charged with the dispensation
of justice, from the presiding judge to the lowliest clerk, must always be beyond reproach and
must be circumscribed with the heavy burden of responsibility. Public officers must be
accountable to the people at all times and serve them with the utmost degree ofresponsibility
and efficiency. Any act which falls short of the exacting standards for public office, especially on
the part of those expected to preserve the image of the judiciary, shall not be countenanced. It is
the imperative and sacred duty of each and everyone in the court to maintain its good name and
standing as a true temple of justice.
Same; Same; Same; Moral obligations, humanitarian consideration and performance of
household chores are not reasons sufficient to warrant exemption . . . if at all, these facts may
only be considered in mitigating respondents liability.In the recent case of Monserate v.
Adolfo, the Court, in imposing a penalty on a court employee who has been previously found
guilty of gross inefficiency, absenteeism and failure to serve summons, declared that [m]oral
obligations, humanitarian consideration, [and] performance of household chores are not reasons
sufficient to warrant exemption. . . If at all, these facts may only be considered in mitigating
respondents liability. Thus, instead of imposing the penalty of dismissal as prescribed for the
second offense of frequent unauthorized absences, the Court, taking into consideration
mitigating circumstances present in the said case, imposed a fine of Twenty Thousand Pesos
(P20,000).
ADMINISTRATIVE MATTER in the Supreme Court. Inefficiency, Habitual Absenteeism,
Tardiness, Falsification of Daily Time Record, Dishonesty and Conduct Prejudicial to the
Service.

The facts are stated in the opinion of the Court.

CHICO-NAZARIO, J.:
Judge Leah Domingo-Regala, Regional Trial Court (RTC), Branch 226, Quezon City, has
charged Ma. Donna Y. Sultan, Legal Researcher of the same court, with Inefficiency, Habitual
Absenteeism, Tardiness, Falsification of Daily Time Record, Dishonesty, and Conduct Prejudicial
to the Service. In a referral letter dated 12 May 2000, Court Administrator Bernardo T.
Ponferrada requested Judge Regala to comment on the unauthorized leave of absence for the
period 1-29 October 1999, 3-29 November 1999, and 1-3 and 06 December 1999, of Ma.
Donna Y. Sultan. Said absences were the subject of a letter by Ma. Donna Sultan addressed to
the Office of the Court Administrator (OCA) complaining the disapproval by Judge Regala of her
applications for leave on the abovementioned dates.
In her comment dated 05 June 2000, Judge Regala alleges that Ma. Donna Sultan is guilty of
habitual absenteeism as defined by Administrative Circular No. 1-91 for having incurred
unauthorized absences exceeding the allowable 2.5 days monthly leave credits for at least three
(3) months in a semester:
June 1999 ..............................8 1/2 days
July 1999 ...............................2 days
August 1999 ...........................3 days
September 1999 ......................5 1/2 days

October 1999 ..........................21 days

November 1999 ......................19 days
December 1999 ......................3 days
January 2000 ...........................2 days
February 2000 ..........................1 day
March 2000 .............................1 day
May 2000 ................................7 days
Said circular states that an officer or employee in the civil service shall be considered habitually
absent if he incurs unauthorized absences exceeding the allowable 2.5 days monthly leave
credit under the leave law for at least three (3) months in a semester or at least three (3)
consecutive months during the year. She added further that Ma. Donna Sultan had always
gone on extended leave of absence without filing applications for leave in advance, also in
violation of said Circular.
On the charge of tardiness and falsification of daily time record, Judge Regala claims that
respondent has always been tardy in reporting for work and signs the office logbook with a time
earlier than that of her actual arrival. Said entries in the logbook are reflected in her daily time
record. Moreover, complainant alleges that Ma. Donna Sultan leaves at about eleven oclock in
the morning to take long lunch breaks out of the office and comes back long after two oclock in
the afternoon.
With respect to the charge of incompetence, complainant claims that Ma. Donna Sultan cannot
carry out proper legal research, that is, she cannot find cases in point; neither can she come up
with the latest jurisprudence on the subject matter assigned to her and instead copies verbatim
from textbooks. Judge Regala finds respondent not suited for the job. Judge Regala maintains
that Ma. Donna Sultan is slow to learn, requires frequent instruction, and finds difficulty in
adjusting herself to new tasks, methods and details of work.2
Regarding the imputation of dishonesty, complainant alleges that in the month of October, when
respondent went on an extended leave, respondent misled her and the members of her staff to
believe that respondents daughter was confined in Malvar General Hospital for days, which
upon verification, was discovered to be untrue.
Judge Regala asserts that respondent often goes out of the office to talk to lawyers who have
cases before Branch 226, RTC, Quezon City, and that she engages in long telephone
conversations during office hours. Said acts, according to complainant, constitute conduct
prejudicial to the service. Respondent does not deny that she has incurred the alleged
absences but states that except for the months of October, November, and December 1999, all
her absences were authorized, with the corresponding applications for leave duly filed and
approved. For the absences she incurred for the above-mentioned months, respondent did file
the required applications for leave but all were disapproved. Respondent now evokes the
forgiveness of Judge Regala, and her understanding, for it was during said period that
respondent suffered a very serious family problem and had to absent herself from work to
attend to said dilemma.
With respect to the accusations of habitual tardiness, respondent maintains that Judge Regala
had given her staff a grace period of thirty (30) minutes from 8:00 a.m., or up to 8:30 a.m., to
time-in without being considered late. Respondent admits that there were instances when she
arrives after 8:30 a.m. but these late arrivals are all properly reflected in the logbook and on her

daily time records. Respondent further denies that she is usually out of the office the whole day,
and, if ever she had to go out of the office, respondent would always ask permission from either
the Branch Clerk of Court or Judge Regala herself.
Apropos her alleged incompetence, respondent claims that as a law graduate, she at least has
the basic knowledge of law and legal research. Respondent stresses that in any task assigned
to her, she tries to fulfill it to the best of her abilities. Respondent admits that at times she
commits errors and mistakes in the performance of her duties, she however discloses that she
was looking forward to the guidance and tutelage of Judge Regala in order to enhance her
work. Moreover, respondent pointed out that although complainant had recently given her a
performance rating of Unsatisfactory, the latter had earlier given her a rating of Very
Satisfactory.
Regarding the imputation that respondent has misled the court to believe that her absence was
due to her daughters confinement in the hospital, respondent maintains that she did not tell a
member of the staff of Branch 226, RTC, Quezon City, that she confined her daughter at Malvar
General Hospital; rather, she told her officemate Evelyn Borela that she would bring her
daughter to said hospital as an out-patient for medical examinations. Respondent is apologetic if
any misunderstanding occurred because of her failure to personally inform Judge Regala
regarding her whereabouts.
Lastly, respondent asserts that she will not compromise her employment by going out of the
office to talk to lawyers who have cases before the court. Respondent explains that when
lawyers and litigants come to their office to inquire regarding the status of their cases, there
were instances when respondent had to attend to them, especially when the person in charge
was not around.3 As to the use of the office telephone, respondent maintains that she only uses
the phone to answer incoming calls but sees to it that she does not take long in deference to
other official calls.
Due to the fact that the instant administrative case involves several issues which could not be
resolved by merely going over the pleadings submitted by the parties, the Court, per
recommendation of the OCA, referred the matter to Hon. Monina Arevalo Zearosa,4 then
Executive Judge, RTC, Quezon City, for investigation, report and recommendation.5 Judge
Zearosa was succeeded by Judge Catral Mendoza,6 who, in turn was succeeded by Judge
Natividad Giron Dizon as Executive Judge of RTC, Quezon City, and investigating judge of the
case. However, in view of the numerous cases the latter inherited from her predecessors-inoffice, Executive Judge Dizon designated Judge Jaime N. Salazar, Jr., 3rd Vice Executive Judge
of Quezon City, Branch 103, to conduct the investigation in the instant case.7
In his Resolution and Recommendation dated 19 November 2002, Investigating Judge Salazar
found respondent liable for incompetence and habitual absenteeism, but absolved respondent
as regards the charges of habitual tardiness, falsification of daily time record, and conduct
prejudicial to the service due to insufficiency of evidence. The Investigating Judge
recommended that respondent be reprimanded for incompetence, but refrained from
recommending any penalty for habitual absenteeism in deference to the evaluation of the OCA.
In a Report dated 19 October 2004, the OCA affirmed the findings of the Investigating Judge
pertaining to respondents liability for inefficiency and habitual absenteeism but overturned the
recommendation absolving respondent from the charge of conduct prejudicial to the service.
According to the OCA:

Investigating Judge observed that, as by her admission, respondent was quite ill-prepared for
the job and the present scenario is not unique between complainant and respondent. The
qualification that a law graduate can be appointed legal researcher and the low salary attached
to the position are to be blamed for the low quality performance of plenty of RTC researchers.
Law graduates who are bright usually pass the bar. Respondent expected guidance from
complainant as her judge. The Investigating Judge concurs as it can be expected since a law
graduate from U.E. with no academic background on legal bibliography and no professional
background on legal research can only expect guidance from her Judge and possibly, the
Branch Clerk of Court, in the course of her work.
We do not subscribe to the alibis proffered that the qualifications for the position of legal
researcher and the low salary attached to the position are the causes for poor quality of work
turned in by legal researchers. The generalization of Investigating Judge regarding the
substandard capability of legal researchers to deliver decent service being mere law graduates
is not only unfounded but unfair as well. . . This statement is tantamount to saying that
incompetence is to be expected from legal researchers. Public office is public trust. As all others
in public service, respondent is expected to execute her duties with efficiency and competence.
Nothing less is expected of her.
...
The investigation revealed that respondent incurred unauthorized absences on the following
months:
October 199920 1/2 days
December 19994 days
November 199919 days
It was also found that respondent went on AWOL primarily due to serious family emergency.
When she returned to work in December and found the atmosphere in the court hostile, she
incurred additional absences to work on her transfer to another court. Respondent submits to
the findings of the Investigating Judge and pleads to complainant for understanding and
forgiveness.
It is noted that prior to respondent going on AWOL, respondent met no problem getting the
approval for her applications for leave. It was when respondent went on prolonged unauthorized
absences and complainant started asking for her whereabouts that the approval of her
applications for leave became an issue. Records show that respondent failed to exert efforts to
inform complainant of her dire domestic situation. Information reaching complainant regarding
respondent during her absence were relayed by officemates with whom respondent kept in
touch.
...
Respondents violation of the rule on filing applications for leave is apparent in her narration of
facts. She went on leave without seeking proper permission from her superior. When the family
crisis came about, she was still able to go to the court to get her ATM card yet she was not able
to file her application for leave. On the occasions that she called the office, she was reminded to
file her leave of absence and to speak with complainant who was already looking for her, but

she did not do either. She called the office daily, but she never asked to speak with complainant.
..
Respondents absences on the relevant months qualify as habitual absenteeism as defined and
penalized in Administrative Circular No. 14-2002 (Re: Reiterating the Civil Service
Commissions Policy on Habitual Absenteeism) citing Memorandum Circular No. 04, s. 1991,
which provides to wit:
A. Habitual Absenteeism
1.An officer or employee in the civil service shall be considered habitually absent if he incurs
unauthorized absences exceeding the allowable 2.5 days monthly leave credit under the leave
law for at least three (3) months in a semester or at least three (3) consecutive months during
the year.
...
The investigation confirmed the allegation that respondent has been seen talking to lawyers and
litigants and talks to the phone very often. However, there is no showing that respondent (sic)
conduct was inimical to the service or resulted in any kind of corruption. The investigation report
rationalized that (t)he courts are service-oriented line or field agencies of the Judiciary . . . it is
inevitable for lawyers and litigants to talk to court personnel when they want to inquire about
some administrative problems or things they do not understand that are related to their case.
We agree with qualification, the word (sic) very often being the definitive word (sic). While it is
true that courts are service-oriented, as legal researcher, the service expected from respondent
is more in the nature of doing valuable research work than in actually entertaining queries from
parties and counsel. Responding to queries are better performed by other court employees,
such as the clerks in charge of the cases, or the branch clerk of court, as needed, who are more
acquainted with the records and the status of the cases pending in the court.
...
In sum, respondents conduct falls short of the exacting standards of public office. Section 52, A
(16, 17, 20), Rule IV, Resolution No. 991936, series of 1999 of the Civil Service Commission
(Uniform Rules on Administrative Cases in the Civil Service) classifies inefficiency, frequent
unauthorized absences and conduct prejudicial to the best interest of the service as grave
offenses. Each offense carries an imposable penalty of six (6) months and one (1) day to one
(1) year. Considering, however, respondents poignant open admission of her excesses and
shortcomings and her plea to complainant for forgiveness and understanding, we are moved to
temper our view of her actuations with altruistic consideration and recommend the lightest
penalty possible for all three offenses.8
Holding respondent liable for inefficiency, habitual absenteeism, and conduct prejudicial to the
best interest of the service, the OCA recommended that respondent be suspended from the
service for six (6) months without pay.
We agree in the findings of the OCA.
As enunciated by the Court in several cases,9 no other office in the government service exacts
a greater demand for moral righteousness and uprightness from an employee than the judiciary.
The conduct and behavior of everyone connected with an office charged with the dispensation

of justice, from the presiding judge to the lowliest clerk, must always be beyond reproach and
must be circumscribed with the heavy burden of responsibility.10 Public officers must be
accountable to the people at all times and serve them with the utmost degree of responsibility
and efficiency. Any act which falls short of the exacting standards for public office, especially on
the part of those expected to preserve the image of the judiciary, shall not be countenanced.11
It is the imperative and sacred duty of each and everyone in the court to maintain its good name
and standing as a true temple of justice.12
When respondent incurred several absences during the months of October, November, and
December 1999, she was indeed confronted with a passionately difficult family problem due to
the discovery that her unwed, student daughter is pregnant.13 The fact that said daughter
suffered relapse after giving birth resulted in respondents need to absent herself from work to
attend to her sick daughter and the newborn baby. Furthermore, respondent has been
unabashedly admitting her excesses and shortcomings, and has been sincerely beseeching for
complainants forgiveness and understanding. Records also disclose that this is respondents
first offense.
In the recent case of Monserate v. Adolfo,14 the Court, in imposing a penalty on a court
employee who has been previously found guilty of gross inefficiency, absenteeism and failure to
serve summons, declared that [m]oral obligations, humanitarian consideration, [and]
performance of household chores are not reasons sufficient to warrant exemption. . . If at all,
these facts may only be considered in mitigating respondents liability. Thus, instead of
imposing the penalty of dismissal as prescribed for the second offense of frequent unauthorized
absences, the Court, taking into consideration mitigating circumstances present in the said
case, imposed a fine of Twenty Thousand Pesos (P20,000).
Considering, thus, the presence of mitigating circumstances in herein case, and the fact that this
is respondents first offense, the Court resolves to modify the penalty recommended.
WHEREFORE, the Court hereby adopts the findings of the Office of the Court Administrator, but
hereby MODIFIES the penalty recommended. As modified, respondent MA. DONNA Y. SULTAN
is hereby SUSPENDED from the service for three (3) months without pay. She is STERNLY
WARNED that a repetition of the same acts shall be dealt with more severely.
SO ORDERED.